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South Africa Case Law

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Banking And Finance [2020] ZANCT 5

National Credit Regulator v Abrahams (NCT/132322/2019/57(1))

National Credit Regulator v Abrahams (NCT/132322/2019/57(1)) [2020] ZANCT 5 (26 February 2020)

The Tribunal found repeated National Credit Act breaches by a debt counsellor, cancelled his registration, ordered audits and refunds, and imposed a R250,000 fine.

  • Debt Counsellor Registration
  • Contravention Of National Credit Act
  • Administrative Fine
  • Fee Guidelines
  • Failure To Refer Matters
  • Unregistered Persons Providing Services
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Banking And Finance [2014] ZANCT 12

National Credit Regulator v Megalane t/a GM Financial Services (NCT/8312/2013/57(1)(P))

National Credit Regulator v Megalane t/a GM Financial Services (NCT/8312/2013/57(1)(P)) [2014] ZANCT 12 (14 April 2014)

The Tribunal found that the Respondent repeatedly contravened the National Credit Act, its regulations, and the conditions of his registration as a debt counsellor. The Respondent failed to keep required records, did not notify credit providers, fraudulently claimed to have referred matters to the Magistrate's Court, received and failed to distribute consumer funds, and abandoned his practice without notification. The Respondent did not respond to the application or appear at the hearing, and all allegations were deemed admitted. The Tribunal concluded that the Respondent's conduct justified…

  • Debt Counsellor Registration
  • Contravention Of National Credit Act
  • Failure To Comply With Conditions
  • Fraudulent Misrepresentation
  • Default Judgment
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Commercial And Corporate [2014] ZANCT 11

National Credit Regulator v Wilbers (NCT/9596/2013/57(1))

National Credit Regulator v Wilbers (NCT/9596/2013/57(1)) [2014] ZANCT 11 (7 April 2014)

The Tribunal found that the Respondent's registration as a debt counsellor automatically lapsed in 2011 due to non-payment of registration renewal fees, in accordance with Section 52(4)(b) of the National Credit Act and the precedent set in NCR v Lightning Cash Loans. As a result, the Tribunal was not empowered to cancel a registration that had already lapsed. The Tribunal further held that it could not order the Respondent to refund consumers for amounts intended for credit providers but not paid over, as such claims must be pursued under Section 164 of the Act. The Tribunal was also unable…

  • Debt Counsellor Registration
  • Automatic Lapsing Of Registration
  • Contravention Of National Credit Act
  • Prescribed Fees
  • Administrative Penalty
  • Refund Of Excess Fees
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Banking And Finance [2013] ZANCT 48

National Credit Regulator v Ndlela (NCT/7644/2013/57(1))

National Credit Regulator v Ndlela (NCT/7644/2013/57(1)) [2013] ZANCT 48 (25 November 2013)

The Tribunal cancelled a debt counsellor’s registration for repeated breaches of the National Credit Act and its conditions, but declined to order repayment to consumers.

  • Debt Counsellor Deregistration
  • Contravention Of National Credit Act
  • Failure To Maintain Records
  • Unauthorised Receipt Of Consumer Payments
  • Default Judgment
  • Consumer Protection
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.